Portfolio Artifact #6

Portfolio Artifact #6

Ellise Peterson

College of Southern Nevada

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When a situation takes place where an individual’s rights are brought into question it is

crucial to review all aspects of the scenario. We have been afforded rights as a people, and we

have the responsibility to ensure that these rights are enforced in the proper way. A kindergarten

teacher, Karen White, let her students and their parents know that she would no longer host

certain activities or participate in certain events because of their religious nature and she had a

new-found affiliation with Jehovah’s Witnesses. The new-found affiliation meant that she would

no longer decorate the classroom for holiday’s or be able to accept gifts or exchange gifts during

the season of Christmas. It also meant that she could not sing “Happy Birthday” or recite the

Pledge of Allegiance. Karen White’s decision led to parents protesting and the principal, Bill

Ward, deciding she be dismissed from teaching because of she was not able to meet the needs of

her students. There are court causes that can provide supporting evidence for both a pro and con

position on the matter.

One court case that supports a “pro” position on the firing of the teacher is Freshwater v.

Mount Vernon City School District Board of Education (2008). During this case, an eighth-grade

teacher John Freshwater was fired for branding a cross on a student’s arm, keeping a bible on his

desk, and having a copy of the ten commandments on the classroom bulletin board. The Ohio

Supreme Court argued the school district properly terminated Freshwater in that “the First

Amendment does not allow public-school teacher “to impose their faith on their students”

(“Freshwater v. Mount Vernon City School District Board of Education,” n.d.). Principal Bill

Ward would be able to argue that White not participating in projects because of her religion

would impose on the faith of her students. Ward could argue that White is taking away the joy of

Christmas from her students by not decorating her classroom for the season and not accepting
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gifts from her students or allowing any gift exchanges. The principal can argue that by her

refusal to do certain things it takes away the faith of her students.

Another court case that could support a “pro” position in this matter would be Cochran v.

City of Atlanta (2015). In this case example, the city and Mayor of Atlanta terminated the

employment of the fire chief, Kevin Cochran. He was terminated because of his Christian

beliefs and his faith. After an investigation a statement was released stating “We are pleased that

Judge Leigh Martin May ruled today that Mayor Reed acted lawfully and appropriately in

terminating Mr. Cochran’s employment. This lawsuit was never about religious beliefs or the

First Amendment. Rather, it is an employment matter involving an executive in charge of more

than 1,100 firefighters and tasked to lead by example” (“Cochran v. City of Atlanta,” n.d.). In

this case the judge ruled in the favor of Mayor Reed because the matter goes beyond free speech

and is more concerned with the ability to lead. Bill Ward, the principal, could argue that the

dismissal of White was not a matter of her religious beliefs or free speech but more about the

influence she has on the young minds she is in charge of educating. Since both the example in

question and the school example take place on government property, the same logic can be

applied. Although Principal Ward executed a decision partly based on opinion he is doing so

with the students in mind. Just as Mayor Reed believed he was acting on the best interest of the

firefighters he is partly in charge of overseeing. This example case provides evidence of a court

decision where free speech was not necessarily applicable.

Now that we have discussed two possible “pro” cases in this matter, a case that supports a

“con” position would be West Virginia State Board of Education v. Barnette (1942). In this case

the West Virginia Board of Education require that the teachers and the students in their schools

had to salute the flag as a mandatory part of school activities. Children of the Jehovah’s Witness
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faith refused to perform the salute and were sent home from school for their failure to comply.

The children were threatened in having to attend a reform school for criminally active children

and their parents faced prosecutions for juvenile delinquency. “In a 6-to-3 decision, the Court

overruled its decision in Minersville School District v. Gobitis and held that compelling public-

school children to salute the flag was unconstitutional” (“West Virginia State Board of Education

v. Barnette,” n.d.). Karen White can argue that it is unconstitutional to dismiss her as a teacher

because she wouldn’t recite the Pledge of Allegiance. Her reasoning behind not reciting the

Pledge of Allegiance is because of her religious beliefs as a Jehovah’s Witness. Although the

court case above was about children, the same principals are and should be extended to teachers.

Karen has the right to her religious beliefs and with those rights, she has the ability to refuse

certain acts that go against her faith.

The second court case that may contain supportive “con” evidence to the dismissal of

Karen White would be McManigal v. Utica Board of Education (1962). A music and band

teacher named Charles McManigal refused to lead his class in the singing of the National

Anthem and saying the Pledge of Allegiance. McManigal, a teacher in the school district of

seven years, was not previously required to teach the Anthem to his students or lead the Pledge.

The Board recently created a policy that stated any teacher that didn’t lead the Pledge or sing the

National Anthem would be fired. The Board voted to not renew his contract but would allow him

to finish the school year. He filed a complainant and the Utica School Board decided they would

give him another position which wouldn’t require him to lead such practices. White can argue

that instead of the school dismissing her, they could find another position that doesn’t interfere

with her religious beliefs. She can also argue that her religious beliefs and her not willing to

participate in certain acts, doesn’t stop her from being a sufficient teacher. Like the case above,
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there is nothing wrong with White not participating in the Pledge of Allegiance. Let alone not

decorating her classroom or excepting/exchanging gifts around the holiday season. It could

easily be argued that her not participating in such acts does no harm to her students and will

ultimately teach them a lesson in standing up for what they believe in.

After considering the “pros” and “cons” of each side of this case and researching

numerous court rulings associated with the matters at hand, I believe that the dismissal of Karen

White for her beliefs is not justified. In cases such as West Virginia State Board of Education v.

Barnette (1942) the court ruled that compelling public-school children to salute the flag was

unconstitutional. The same standard should be enforced for teachers. American citizens have the

right to freedom of religion. Therefore, Karen has every right to refrain from certain activities

because they disrespect her religion and what she believes in. There are multiple different ways

this situation could have been handled prior to White being dismissed. There are endless options

that could have been discussed in which her students could still participate in holiday activities

and she could still be their teacher.

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References

Freshwater v. Mount Vernon City School District Board of Education. (n.d.). Retrieved from

https://www.au.org/our-work/legal/lawsuits/freshwater-v-mount-vernon-city-school-district-

board-of-education

Hagen, L. (2017, December 21). Cochran v. City of Atlanta. Retrieved from

https://www.wabe.org/ex-fire-chief-atlanta-claim-victory-judge-rules/

McManigal v. Utica Board of Education. (n.d.). Retrieved from

http://jwemployees.bravehost.com/NewsReports/2070.html

West Virginia State Board of Education v. Barnette. (n.d.). Retrieved from

https://www.oyez.org/cases/1940-1955/319us624